Sept 2023

SEPTEMBER 2023 Community Trends

®

LEGISLATIVE UPDATE

Ultima_Gaina/iStock/Getty Images Plus

In This Issue

• The Need for S2760 — Structural Integrity and Reserve Funding • A5179 & S3516 Smoke Dampers • Unpacking New Jersey’s New Lead, Water & Flood Notification Laws and Their Impacts on Community Associations • An Update on H.R. 3777, The Disaster Assistance Fairness Act • Governor Murphy Signs Employee Protection Law • Update on Recent Changes to the Radburn Regulations ....and more

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The Community Associations Institute New Jersey chapter would like to thank its 2023 Ultimate Partners below. For more information on our sponsorships, please contact CAI-NJ at 609-588-0030 or info@cainj.org.

THANK YOU FOR YOUR SUPPORT !

THE CAI-NJ COMMUNITY TRENDS ® MAGAZINE CONTENTS 12 The Need for S2760 — Structural Integrity

and Reserve Funding By Ed San George, MPA, PCAM INTEGRA Management Corp., AAMC 16 A5179 & S3516 Smoke Dampers By Ed San George, MPA, PCAM INTEGRA Management Corp., AAMC

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5 6 7 8 2024 CAI-NJ Committee Sign-Ups CA-PAC 9 & Nosh Lunch Registration 43 Joint Best Practices Roundtable: For Homeowner Leaders, Managers & Business Partners 45 Managers Leadership Development Program — Save the Date 47 Webinar Wednesdays 48 New Members 50 2023 Shoot the Cover Photo Contest 51 Pints with PAC Happy Hour Registration 53 CAI-NJ Family Day at Laurita Winery — Save the Date 55 2023 Ultimate Partner Listings 60 Winter Break Party — Save the Date 62 39 20 Unpacking New Jersey’s New Lead, Water & Flood Notification Laws and Their Impacts on Community Associations By Jennifer L. Alexander, Esq. Griffin Alexander, P.C. 28 An Update on H.R. 3777, The Disaster Assistance Fairness Act By Robert Travis, CIRMS Long Beach Commons Condominium Association 38 Governor Murphy Signs Employee Protection Law By Gregory Vinogradsky, Esq., EBP Callahan & Fusco, LLC 42 Update on Recent Changes to the Radburn Regulations By Matthew Z. Earle, Esq. Kates, Nussman, Ellis, Farhi & Earle, LLP 46 Management Trends: Change Occurs When One Begins to Multiply By Michael Flippin, CMCA, AMS, PCAM INTEGRA Management Corp., AAMC

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EXTRAS

President’s Corner Looking Ahead

CAI-NJ Upcoming Events

Legislative Update

CAI-NJ Board of Directors Nomination Form

11 15 17 21 31 33 34 35 36 37

2023 Beach Party Registration

F.A.S.T Kickball Tournament Registration

F.A.S.T. School Supply Drive

Pre-Conference Networking Reception Registration

Save the Date

Schedule of Events Attendee Registration

Managers All-Access Pass

Why Homeowners Should Attend

3

SEPTEMBER 2023

CAI-NJ BOARD OF DIRECTORS EXECUTIVE COMMITTEE

VICE PRESIDENT STEVEN MLENAK, ESQ. GREENBAUM, ROWE, SMITH & DAVIS, LLP

PRESIDENT ELECT CHRISTOPHER NICOSIA, CMCA, AMS, PCAM PRIME MANAGEMENT, INC., AAMC

PRESIDENT TONY NARDONE, MBA, PCAM CORNER PROPERTY MANAGEMENT, LLC, AAMC

TREASURER RYAN FLEMING, EBP JGS INSURANCE, A BALDWIN RISK PARTNER

SECRETARY KRISTINA MUNSON, CMCA, AMS, PCAM RCP MANAGEMENT COMPANY, AAMC, AMO

BOARD MEMBERS

Mary Barrett, Esq. Stark & Stark Attorneys at Law Business Partner

Charles Lavine Homeowner Leader Carol Nickerson, CMCA

Benjamin Basch, EBP Ground Support Services Business Partner Joseph Chorba, CPA

FirstService Residential, AAMC Community Association Manager Robert Travis, CIRMS Long Beach Commons Condominium Association Homeowner Leader

WilkinGutenplan Business Partner

GENERAL COUNSEL Jason Orlando, Esq. Orlando Murphy LLP

GENERAL COUNSEL EMERITUS Wendell A. Smith, Esq., CCAL Greenbaum, Rowe, Smith & Davis, LLP

IMMEDIATE PAST PRESIDENT Jeffrey Logan Guardian Service Industries, Inc.

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SEPTEMBER 2023

PRESIDENT’S CORNER Tony Nardone, MBA, PCAM 2023 CAI-NJ PRESIDENT CORNER PROPERTY MANAGEMENT, LLC, AAMC

CAI-NJ TEAM

This year is certainly flying by! H ow is it September, already? The warm summer months are almost behind us and we are coming into those cooler, fall days. Those Labor Day BBQs have been the start of communities closing their pools and playgrounds becoming quieter with children going back to school. Here at the New Jersey chapter, we had a packed schedule of excellent networking events that we can fondly look back on this summer with the Dennis R. Casale Golf Outing, NJ & PA Joint Networking Event, F.A.S.T. Olympics, and the Ultimate Night Out. So, although we had some more rainy days this season than we By the time this issue hits, there will be exactly two weeks until the CAI-NJ Annual Beach Party at Martell’s Tiki Bar on Thursday, September 14. If you missed out on any of the fun this summer and there is only one networking event that you will attend this year, this one is it! Registration information can be found on page 15. Leading up to the event, the F.A.S.T. Committee is accepting donations for their Annual School Supply Drive. This is an excellent opportunity to give back by supplying the basic tools for the hard-working teachers this school year. Donations will benefit a local school district and can be brought to the Beach Party or sent directly to the There is a reason our Legislative Action Committee (NJ-LAC) has received recog nition at the CAI National level for their hard work and dedication, and this year in particular, two of our long-time members, Ed San George, PCAM and Mitchell Frumkin, RS, PE were both awarded for their National Reserve Study participation and Ed’s work with Government Affairs. What our LAC volunteers do behind the scenes is admirable and it’s all for the safety and future of our communities. CA-PAC Events With that being said, NJ-LAC relies heavily on the Political Action Committee (CA-PAC) who helps fundraise for the chapter’s legislative efforts. We have two PAC events that you can attend and support all while networking with members. Although foursomes are sold out for the 9 & Nosh, register for lunch and enjoy food on the patio with drinks prior to the shotgun start for the day at Concordia Golf Club in Monroe on Thursday, October 5th. Lastly, mark your calendars for the Pints with PAC event held on Tuesday, November 14th at Chickie’s and Pete’s in Bordentown from 4:00 PM - 6:00 PM. This is the last PAC event for the year, so show your support for our LAC/PAC as your entry helps contribute to their tireless efforts in our communities! Please enjoy this informative, Legislative Update issue and soak up those last few warm rays this September! n would like, the chapter hopes everyone enjoyed their summer! Did you miss any chapter events this summer? CAI-NJ office. Please click here to shop their Wishlist on Amazon! New Jersey Legislative Action Committee (NJ-LAC)

ANGELA KAVANAUGH CHAPTER EXECUTIVE DIRECTOR ANGELA@CAINJ.ORG JACLYN OSKIERKO DIRECTOR, CONFERENCE & EVENTS JACLYN@CAINJ.ORG ROBIN SURGENT DIRECTOR, MEMBERSHIP DEVELOPMENT ROBIN@CAINJ.ORG BROOKE STOPPIELLO-NEVINS COMMUNICATIONS MANAGER

BROOKE@CAINJ.ORG JENNIFER FARRELL PROGRAM MANAGER JENNIFER@CAINJ.ORG GAIL BONUS ADMINISTRATIVE ASSISTANT GAIL@CAINJ.ORG

Contact CAI-NJ

ADDRESS CAI-NJ

500 HARDING ROAD FREEHOLD, NJ 07728 PHONE 609-588-0030 FAX 609-588-0040 WEB WWW.CAINJ.ORG EMAIL INFO@CAINJ.ORG

CAI-NJ on Social Media

www.facebook.com/ CAINJCHAPTER Community Associations Institute - New Jersey Chapter

@cainewjersey

CAI-NJ

5

SEPTEMBER 2023

LOOKING AHEAD ANGELA KAVANAUGH | CAI-NJ CHAPTER EXECUTIVE DIRECTOR

CAI celebrates its birthday on September 20th!

C ommunity Associations Institute (CAI) celebrates its birthday on September 20th, the day that CAI was incorporated in 1973. The idea to create the organization began in 1965 with Byron Hanke, one of the founders of CAI and the Urban Land Institute (ULI). They had a vision and collaborated to publish Technical Bulletin No.50:​The Homes Association Handbook, the first orga nized study of planned communities. Fast forward to 1973, CAI was finally founded through the joint efforts of the ULI, National Association of Home Builders (NAHB), the U.S. League of Savings and Loan Associations, the Veterans Administration, the U.S. Department of Housing and Urban Development,23builder/developers and many industry leaders. Today in its 50th year, CAI proudly celebrates a milestone of 45,000 members with 64 chapters world wide, including the United States, Canada, the Middle East, and South Africa. Thank you to all our members who helped us grow by supporting the chapters and recogniz ing the value offered by CAI. CAI provides education and resources, such as newsletters, magazines, membership directories, best practices sample forms and templates and the CAI Exchange, an online plat form allowing members to connect with their colleagues, https://exchange.caionline.org/home, for people living and working in common interest communities (CICs). Professional Business Partner members servicing CICs can become lead ers in our industry by taking advantage of the education and networking benefits. In addition, our chapter boasts the award-winning Legislative Action Committee. The New Jersey Legislative Action Committee (NJ-LAC) advocates for legislation affecting those living in CICs

and industry professionals before legislatures and regu latory bodies. As you can see from this issue, presented by the NJ-LAC, which includes article authored by the committee’s members, we are extremely fortunate to have such a devoted group of volunteers, that are dedicated to improving the common interest communities in which many of us work or live. Coming up for you at CAI-NJ! September 12 — Joint Best Practices Roundtable at Regency at Monroe, for homeowner leaders, community association managers and business partners. September 14 — Annual Beach Party at Martell’s Tiki Bar in Point Pleasant, our largest networking event of the year. September 29 — F.A.S.T. Kickball Tournament at Mercer County Park in Princeton Junction, a day of fun kickball with all proceeds benefitting Make-A-Wish New Jersey. October 5 — CA-PAC 9 and Nosh at Concordia Golf Club in Monroe Township, to benefit our PAC. October 7 — Family Day at Laurita Winery, the first ever CAI-NJ family day. October 18 — Annual Pre-Conference Networking Reception at the Events Center @iPA, a fun evening net working with our exhibitors. October 19 — 2023 Conference & Expo at the Events Center @iPA, the must attend tradeshow for those living and working in common interest communities. December 5 — Winter Break Party at the Grand Marquis in Old Bridge, celebrating the holiday season with your peers.

CONTINUES ON PAGE 55

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SEPTEMBER 2023

CALENDAR 2023 - 2024 Events & Education

SEPTEMBER

NOVEMBER

12

2 14

Joint Manager, Business Partner and Homeowner Roundtable Regency at Monroe Homeowners Assoc., Monroe Twp.

Manager Leadership Workshop Clearbrook Community Association, Monroe Twp.

Pints with PAC Chickie’s and Pete’s, Bordentown

14 27 28

Beach Party Martell’s Tiki Bar, Pt. Pleasant

Wednesday Webinar Virtual

DECEMBER

F.A.S.T. Kickball Tournament Mercer County Park, Princeton Junction

5 5

Annual Meeting & Chapter Retreat The Grand Marquis, Old Bridge

Winter Break Party The Grand Marquis, Old Bridge

OCTOBER

5 7

CA-PAC 9 & Nosh Concordia Golf Club, Monroe Twp. Family Day at Laurita Winery Laurita Winery, New Egypt

FEBRUARY

22

Annual Awards Celebration The Event Center @iPA, Freehold

18 19

Pre-Conference Networking Reception The Event Center @iPA, Freehold

Conference & Expo The Event Center @iPA, Freehold

Register for these and other events at www.cainj.org All events are subject to change .

LEGISLATIVE UPDATE

MATTHEW Z. EARLE, ESQ. KATES, NUSSMAN, ELLIS, FARHI & EARLE, LLP LEGISLATIVE ACTION COMMITTEE CHAIR

T he New Jersey Legislative Action Committee (NJ-LAC) has been working hard all year monitoring legislation and trying to get our priorities, such as Structural Integrity, passed. I would like to thank the members of the NJ-LAC and our lobbyists Michele Jaker, Trevor Mulhall, and Kristen Chilleri at MBI for all the hard work they have put in which involves, among other things: • Reviewing proposed legislation and regulations on an ongoing and regular basis (we get reports multiple times a week) and preparing reports on same for presentation to the committee; • Attending political fundraisers throughout the state to assist CAI’s Political Action Committee and to promote our legislation priorities; • Attending meetings with legislators and their staffers regarding our priorities and bills of concern; • Attending meetings with other stakeholders such as the New Jersey Builders Association (NJBA) and the New Jersey Apartment Association (NJAA) in order to negoti ate to try and reach common ground; • Responding to requests for assistance from members of the legislature and members of the public; • Reviewing impactful cases and participating in amicus brief writing;

• Promoting the NJ-LAC’s agenda and CAI through our outreach efforts through giving presentations and writing articles. The members of the NJ-LAC are all volunteers who have busy day jobs, and their volunteer commitment to the cause is laudable and outstanding. In addition, while those on the NJ-LAC do not always agree, everyone has been able

“The members of the NJ-LAC are all volunteers who have busy day jobs, and their volunteer commitment to the cause is laudable and outstanding.”

to work together based on the decisions that are made by the group. With all that being said, I sincerely hope that you find the articles presented in this issue informative. In addition, if you will be in attendance at the CAI-NJ Conference & Expo please make sure to attend the Legislative Update program that will be presented by Ed San George, PCAM, Greg Vinogradsky, Esq., EBP, Michele Jaker, and myself on October 19th @iPA in Freehold. n

Stay up-to-date on legislative issues at www.cainj.org.

8

SEPTEMBER 2023

2023 CAI-NJ COMMITTEES

AWARDS COMMITTEE Annie Gonzales — Chair Lila Khiry Cirillo — Vice Chair Jeanine Clark, Esq. Drew Cowley Lindsay Cupples, EBP

EDITORIAL COMMITTEE Nicole Martone, CMCA, AMS, PCAM — Chair

GOLF OUTING COMMITTEE Fred Hodge, Jr., EBP — Chair Keith Giliberti, PE, RS, EBP — Vice Chair Harold Berlowe, CMCA Chris Belkot Lorenzo Cullari, AICP Sal Iozzia Hank Johns, EBP Lisa Komitor Cathy Mango, EBP Karl Meth, Esq. Paul Migliore

MANAGER COMMITTEE Mary Barone, CMCA, AMS — Chair Chuck Graziano, PCAM — Vice Chair Erin Cautero, CMCA, AMS Tom Curry, CMCA, AMS, PCAM Michael Flippin, CMCA, AMS, PCAM Anthony Gjergji, Jr. Richard Mattalian, CMCA, AMS, PCAM Erin O’Reilly, CMCA, AMS, PCAM Vincent Rapolla, AMS Mariaellen Varelis Elaine Warga-Murray, CMCA, AMS, PCAM Michelle Williams, CMCA, AMS Board Liaisons Kristina Munson, CMCA, AMS, PCAM Carol Nickerson, CMCA Staff Liaisons: Jaclyn Oskierko Robin Surgent MEMBERSHIP COMMITTEE Tara Baldwin, CPA — Chair Megan Elgard, EBP — Vice Chair Michael Barch Lysa Bergenfeld, Esq. Nichole Gist Antoinette Hutchinson Melissa Lloyd, CMCA, AMS

Drew Podolski, Esq. — Vice Chair Robert Arnone, MSRE, CMCA, AMS

Don Cabrera, CMCA David Dockery, Esq. Jonathan Katz, Esq. Michael Mezzo, CPA, MBA

Kim Dempsey Jeffrey Logan Christine Maldonado Michael Millar Vanessa Pena Kari Prout, CMCA

Steven Morris. RS Casey Sky Noon Robert Roop Board Liaisons Mary Barrett, Esq. Carol Nickerson, CMCA Staff Liaison: Brooke Stoppiello-Nevins EVENTS COMMITTEE Debbie Pasquariello, CIC, CIRMS, EBP — Chair Diane Cody, CMCA, PCAM — Vice Chair Ray Barnes, CMCA, AMS, PCAM Tim Bruchez

Nicole Skaro, CMCA, EBP Eileen Szelewicki, CMCA Mary Visco Sandi Wiktor Board Liaisons Tony Nardone, MBA, PCAM Christopher Nicosia, CMCA, AMS, PCAM Staff Liaisons: Jaclyn Oskierko Jennifer Farrell BUSINESS PARTNER Gregory Vinogradsky, Esq., EBP — Chair Mike Luzzi, CPIA, EBP — Vice Chair Theresa Beckett, EBP Jack Benson Jordan Burkhalter, CPA

Mike Polulak, Esq. Ross Rutman, EBP David Shahrabani, EBP

Jasmin Shelton Jodi Smallwood Michael Sturchio Ryan Weiner Charles Witczak, III, PE, PP, PLS Tom Witkowski Paul Wojciechowski Board Liaisons Steven Mlenak, Esq. Tony Nardone, MBA, PCAM

Dean Catanzarite Justine DelVecchio

Frank Fasolo, IV Freedom Hildreth Pam Illiano Stacey Koehl, CMCA, AMS Laura McIntyre, EBP Daniel Reilly Rachel Rutman Christina Mirra Sohnen Randy Vogel Melissa Volet, Esq. Jill Zulin Board Liaisons Joseph Chorba, CPA F.A.S.T. COMMITTEE Steven Kuhnert — Chair Jessica Long — Vice Chair JP Ascolese Adara Azeez Chelsea Brodmerkel Jonathan Cairone Alexis Dairman Eric Eggert, CIC, CIRMS Shelby Evans, CPA, EBP Kristi Evans Rebecca Gavin Mary Ellen Liberatore Will Meola Marian Miawad, Esq. Nicole Miller, Esq. Charles Lavine Staff Liaisons: Jaclyn Oskierko Jennifer Farrell

Staff Liaisons: Jaclyn Oskierko Jennifer Farrell HOMEOWNER LEADER COMMITTEE Richard Lans — Chair Lois Gerber — Vice Chair Bruce Blum Roslyn Brodsky Barbara Finn, CMCA

Kim Manicone Renee Martin Mark Mojares Kathleen Radler Brent Rivenburgh, EBP Steve Roderick, EBP Michael Ryan Ken Shah Rick Sobczak Ryan Trembley Michael Willner, Esq. Board Liaisons Joseph Chorba, CPA

Ron Fermano Carrie Fusella Dave Kiessling Richard Lang, EBP Toni Licciardi Chris Merkler Donna Meyer, EBP Ben Mitrou John Prisco, Esq. Sal Sciallo Perry Stavridis Jessica Vail, EBP David Velasco, EBP Michael Vennitti, EBP Board Liaisons Benjamin Basch, EBP Ryan Fleming, EBP

Charles Fredericks Kenneth Freeman Salvatore Gurriero

Keira Hauck Carl Kentzel Cheryl Palent

Board Liaisons Charles Lavine Robert Travis, CIRMS

Charles Lavine Staff Liaison: Robin Surgent WOMEN’S LEADERSHP COMMITTEE Lirelle Klein — Chair Jamie Cullen, CMCA — Vice Chair Amani Abdellah, Esq. Jennifer Carr

Staff Liaisons: Jaclyn Oskierko Robin Surgent LEGISLATIVE ACTION COMMITTEE (LAC)/PAC Matthew Z. Earle, Esq. — Chair Edward San George, PCAM — Vice Chair Jackie Thermidor, CMCA, AMS, PCAM — Secretary Mohammed Salyani, CPA — Treasurer Elizabeth Comando, CMCA, PCAM — PAC President Andrew Podolski, Esq. — PAC Vice President James Rademacher, EBP — PAC Committee Jennifer Alexander, Esq. Roslyn Brodsky Barbara Drummond, CMCA, PCAM

Staff Liaisons: Jaclyn Oskierko Robin Surgent

CONFERENCE & EXPO Saher Gouda, EBP — Chair Shelia Adams, CMCA — Vice Chair Joe Bonafede Jay Burak Nicole Camarota, CMCA, AMS George Caso Martinez Angela Celeste Ellen Comiski, CMCA Marty Conway John Echelmeier Jessica Kizmann, CPA Danita Susi Holly Teufel, CMCA, AMS Board Liaisons Ryan Fleming, EBP Christopher Nicosia, CMCA, AMS, PCAM

Linda Courain, CMCA, AMS Martinia Heath, CMCA, AMS Svetlana Malinsky, CMCA Kristin Marzarella Gail McDermid, CMCA, AMS, PCAM Rachel Neves Jennifer Nevins, CMCA, EBP Jen O’Brien Cheryl Rhine, CIC, CIRMS, EBP Nikki Schillaci, EBP Lisa Vitiello, CPA Board Liaisons Mary Barrett, Esq. Kristina Munson, CMCA, AMS, PCAM

Jose Romero Dharmi Shah Peter Shine, EBP Ilija Trajkoski

Mitchell Frumkin, RS Vincent Hager, CIRMS Karyn Kennedy-Branco, Esq. Terry Kessler, Esq. J. David Ramsey, Esq. Lisa Rayca, CMCA, AMS John Reichart Alexander Scheffer, CMCA Board Liaisons: Richard Milder Cheryl Palent

Lauren Vadenais, EBP Kristy Winchock, EBP Board Liaisons Benjamin Basch, EBP Kristina Munson, CMCA, AMS, PCAM Staff Liaisons: Brooke Stoppiello-Nevins Robin Surgent

Staff Liaisons: Jaclyn Oskierko Robin Surgent

Staff Liaisons: Jaclyn Oskierko Jennifer Farrell

Steven Mlenak, Esq. Robert Travis, CIRMS Staff Liaisons: Angela Kavanaugh Robin Surgent

9

SEPTEMBER 2023

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Morris Engineering, LLC National Contractors, Inc. National Cooperative Bank

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Accurate Reconstruction APC Hospitality, LLC AR Management Company Association Advisors NJ CCA, Construction Consulting Associates, LLC Felsen Insurance Services, Inc. First Onsite

MyPropertyBilling.com Pacific Western Bank

APPLICATION Nomination for the CAI-NJ Board of Directors Term Commencing January 1, 2024

We currently have one (1) board seat opening beginning January 1, 2024. All chapter members are invited to submit their names to the Nominating Committee for consideration for nomination to the Board of Directors. Submission of this application does not guarantee nomination by the Nominating Committee to the Board of Directors. In accordance with the CAI-NJ by-laws, directors willbe elected at the CAI-NJ annual meeting on December 5, 2023. Please completeand return this application to: CAI-NJ Attn: Nominating Committee

500 Harding Road Freehold, NJ 07728 E-mail: info@cainj.org Fax Number: (609) 588-0040

Name: _______________________________________________________________________________ Association/Firm: ______________________________________________________________________ Address: _____________________________________________________________________________ Phone: (W)___________________________________ (C)______________________________________ Email: _______________________________________________________________________________

Please check your CAI membership category: Homeowner Leader

Community Association Manager

Business Partner

Print or type your answer to each of the questions below on a separate sheet of paper. Please limit each of your answers to 50 words or less. 1. What are your personal goals as a chapter member? 2. What unique skills and abilities would you bring to the CAI-NJ Board of Directors? 3. How do you help build consensus in a group? 4. What are the biggest challenges facing CAI and the New Jersey chapter and how can you help CAI-NJ address these challenges? 5. How could you contribute to the growth and advancement of CAI-NJ?

Please attach a brief biographical statement (not to exceed one page) which includes: 1. Educational background and career history 2. Involvement in other professional activities and organizations 3. Involvement in CAI (national and/or chapter level - committees, etc.) 4. Other leadership activities (i.e., community service, non-profit board positions) 5. Professional awards and recognition received

TIME REQUIREMENTS - Board members are expected to attend a monthly board meeting usually held remotely. The meetings are normally held the fourth Wednesday of each month and start at 9:30 am and conclude around noon, but the date and time are subject to change. Board members will be appointed as the board liaison to one (1) or more of our committees and are expected to attend the assigned committee meetings. It is also expected that all board members will attend as many chapter sponsored educational and networking events as possible.

Signature Date Applications must be received in the CAI-NJ office by the close of business on Friday, September 8, 2023.

The Need for S2760 — Structural Integrity and Reserve Funding By Ed San George, MPA, PCAM, INTEGRA Management Corp., AAMC

N ew Jersey Senate Bill S2760, concerning structural integrity and reserve funding for community associations sponsored by Senators Troy Singleton and Linda Greenstein and co-sponsored in the Assembly by Yvonne Lopez, is the most important piece of proposed legislation for the CAI-NJ Legislative Action Committee (NJ-LAC) this year. NJ-LAC initiated S2760 in concert with Senator Singleton. The legislation has cleared the Senate Urban and Community

Affairs Committee and the Budget Appropriations Committee. We expect a vote by the full Senate in the fall and are lobbying directly with many senators this summer. If passed, it will significantly and positively influence our industry. In one single piece of legislation, S2760 creates the opportunity to provide vital building structural safety inspections for residents in com mon interest communities (CICs) and defines the methods and needs to fund replacement reserves. S2760 creates the connection between structural inspections, preventive maintenance, corrective

“In one single piece of legislation, S2760 creates the opportunity to provide vital building structural safety inspections...and defines the methods and needs to fund replacement reserves."

maintenance, and reserve funding. From a cost perspective, these requirements will result in a reduction in life cycle costs as the cost of ongoing preventive maintenance is more than offset by the cost of corrective maintenance if preventive maintenance is not performed. For covered buildings to remain safe and avoid tragic building collapses affecting our industry, S2760 provides for timely and strategic inspections by qualified engi neers to create baseline building structural conditions and monitor those conditions with critically timed inspections over the life of the building. Expert eyes on a build ing’s structure will provide boards with an awareness of their building’s condition and allow for cost-effective financial planning to maintain the structure and conduct any needed corrective maintenance.

StefanHamilton/Umesh Negi/iStock/Getty Images Plus

CONTINUES ON PAGE 14

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SEPTEMBER 2023

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STRUCTURAL INTEGRITY... from page 12.

manner. Also, many boards do not fund their reserves as defined in the reserve study they possess. S2760 will be the first statutory reserve study requirement that obligates own er-controlled boards to secure a replacement reserve study,

So that boards with the most knowledge of their build ing’s conditions and financial status can act as proper fidu ciaries, S2760 provides our boards with the power to levy a special assessment or borrow funds without membership approval, irrespective of what existing governing docu ments may currently require for approval. Such superseding of the governing documents is applied only for vital structur al repairs that are identified in an engineering report. S2760 requires that each engineering report that is issued must be provided to the municipal building inspec tor and be available to all owners and tenants of the CIC. Further, we suggest, with the demands being placed by Fannie and Freddie Mac, the value of having these engineering reports speak for themselves to address their criteria and can then be issued to the banks is important to the continuance of mortgage financing for the covered buildings in the legislation. For replacement reserve funding, S2760 requires that all NJ CICs possess or conduct a replacement reserve study in conformance with the CAI Reserve Standards. While most boards do act as fiduciaries and have reserve studies, many do not, or many do not update them in a timely and prudent

update it within a defined schedule of time, and require that funding levels be adequate to avoid spe cial assessments, loans, or allow funding to go below a zero-balance. The legislation recog nizes that some commu nities may not currently

“The legislation recognizes that some communities may not currently have reserve studies or are not adequately funding for reserves.”

have reserve studies or are not adequately funding for reserves. S2760 allows for two years to get the study con ducted and provides up to 10 years to catch up with the funding to the levels required. S2760 is critical legislation that guides boards toward safe buildings and stable financial management. With the vigi lance of structural inspections and maintaining proper reserve funding, CICs gain financial stability and cost containment through the life of the community and avoid the often unfair and significant assessments and costly loan financing that results from delayed action or outright inaction by boards. n

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Payment Methods (check one):

PLEASE NOTE: By registering for this CAI-NJ event, you are agreeing to our COVID Release Waiver. https://cainj.org/covid-release-waiver/

1.) Pay by check, payable to CAI-NJ. Mail completed form with payment to: CAI-NJ Attn: Beach Party 500 Harding Road Freehold, NJ 07728 2.) Pay by credit card by calling the office at 609-588-0030 or request an invoice.

By registering for a CAI-NJ event, the registrant acknowledges that they are responsible to pay the full registration fee at the time of registration. Registrations will not be processed until all previous outstanding balances are paid in full. Cancellations must be made by September 7th, 2023 for a full refund to be provided. Swaps can be made at any time. *CAI-NJ advises that for training, marketing or other purposes, this event may be recorded, videotaped and/or photographed. By attending this event, the registrant(s) consents to the use of his/her image by CAI-NJ and agrees to waive any claim for the use of his/her image, including without limitation, the appropriation of his/her image for commercial purposes or the invasion of his or her privacy.

A5179 & S3516 Smoke Dampers

By Ed San George, MPA, PCAM, INTEGRA Management Corp., AAMC

Michael Blann/DigitalVision Vectors/Getty Images

A5179 and S3516 are companion bills that require residential multifamily building owners, including common interest communities (CICs), to have their fire door assem blies and smoke damper systems inspected and tested on a regularly scheduled basis. Fire studies indicate that loss of life from a fire event is more likely caused by smoke inhalation than burns. This legislation has passed both the Assembly and Senate. Mechanical Devices and Systems Requiring Testing are: • Fire damper means a device installed in an air distribu tion system, designed to close automatically upon detec tion of heat, to interrupt migratory airflow, and to restrict the passage of flame; and includes devices installed in air conditioning systems to close automatically upon detection of heat, to interrupt migratory airflow, and to restrict the passage of flames. A fire damper shall also include a combination fire and smoke damper system. These devices are often associated with hallway ventila tion systems. • Fire life safety damper means fire dampers, smoke dampers, and combination fire and smoke dampers. • Smoke control system means an engineered system that includes all methods that can be used singly or in combination to modify smoke movement, including engineered systems that use mechanical fans to produce

pressure differences across smoke barriers to inhibit smoke movement, such as fire doors and pressurized stairwells. Fire dampers, smoke dampers, and combination fire and smoke dampers shall be periodically inspected and tested no less than once after the first year of installation and once every four years thereafter. The periodic testing and inspection shall include the visual inspection method in accordance with NFPA 80 concerning fire doors and other protective openings and NFPA 105 concerning smoke door assemblies and other opening protectives. Newly installed smoke con “Fire studies indicate that loss of life from a fire event is more tems that only activate during a fire event. Non-dedicated smoke control systems shall be tested at least annually. Testing of smoke control systems shall include tests to deter mine airflow quantities, and pressure differences are code compliant, including at the following locations: (1) across smoke barrier openings; (2) at the air makeup supplies; and (3) at smoke exhaust equipment. Only qualified inspectors shall be allowed to conduct the inspections and testing. The inspectors are defined as CONTINUES ON PAGE 18 trol system shall be subject to smoke control system testing. Dedicated smoke control sys tems shall be tested at least semiannually. These are sys

likely caused by smoke inhalation than burns.”

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100% of Proceeds Donated to

Thursday, September 28

Registration Opens at 11:30 AM Games Start at 12:15 PM

Mercer County Park East Picnic Area 1346 Edinburg Road, Princeton Junction Games • Food/Beverages T eam Building • Networking

PLEASE NOTE: One company/association can register up to six (6) people to be on the same team. However, teams will be made by CAI-NJ and consist of up to 12 people, from mixed companies/associations. Registration Form - Deadline to Register a Team 9/15/23

Payment Methods: 1.) Pay by check, payable to CAI-NJ. Mail completed form and payment to:

Name 1: ___________________________________________ Company: _________________________________________ Phone: _______________________ T-Shirt Size: _________ Email:______________________________________________ _____ Player/s ($35 ea.) or ____Spectator/s ($35 ea.) TEAM INFORMATION (please include name, email & preferred t-shirt size) 2. __________________________________________________ 3. __________________________________________________ 4.__________________________________________________ 5. __________________________________________________ 6. __________________________________________________ TOTAL: $ ________

CAI-NJ, Attn: Kickball 500 Harding Road, Freehold, NJ 07728

2.) Pay by credit card. Please call Brooke Stoppiello-Nevins at the CAI-NJ Office at 609-588-0030 to process payment.

By registering for a CAI-NJ event, the registrant acknowledges that they are re sponsible to pay the full registration fee at the time of registration. Registrations will not be processed until all previous outstanding balances are paid in full. Cancellations must be made by September 15, 2023 for a refund to be provided, swaps can be made at any time.

FOR QUESTIONS OR TO REGISTER CONTACT BROOKE@CAINJ.ORG

Sponsorship Opportunities Available! Visit www.cainj.org or contact Brooke@cainj.org for details.

PLEASE NOTE: By registering for this CAI-NJ event, you are agreeing to our COVID Release Waiver.

CAI-NJ advises that for training, marketing or other purposes, this event may be recorded, videotaped and/or photographed. By attending this event, the registrant(s) consents to the use of his/her image by CAI-NJ and agrees to waive any claim for the use of his/her image, including without limitation, the appropriation of his/her image for commercial purposes or the invasion of his or her privacy.

HOVER YOUR PHONE CAMERA OVER THE

QR CODE FOR COVID WAIVER

SMOKE DAMPERS... from page 16.

holding a certification from the ICB as a Fire and Smoke Damper Technician or an equivalent certification from an organization that has been accredited under the ISO/IEC 17024 Personnel Certification standard in HVAC Life Safety Damper inspections or Smoke Control System inspections, or an equiv alent accreditation authorized by a “Violations for non-compliance shall be subject to fines, as determined by the Commissioner of Community Affairs.” rule or regulation of the department. Smoke Control Systems technicians shall also be a certified TAB techni cian by an industry-recognized certi fying agency.Most HVAC servicing companies will likely have the per sonnel to meet these qualifications for testing. A completed Certification of Inspec tion Report is required. The certifi cates are to be issued to the building owner and maintained on the premis es. Violations for non-compliance shall be subject to fines, as determined by the Commissioner of Community Affairs. This is a commonsense piece of legislation that assures residents that proper smoke life safety measures are being deployed, tested, and docu mented. n

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CAI-NJ advises that for training, marketing or other purposes, all events may be recorded, videotaped and/or photographed. By attending a CAI-NJ event, the registrant(s) consents to the use of his/her image

by CAI-NJ and agrees to waive any claim for the use of his/her image, including without limitation, the appropriation of his/her image for commercial purposes or the invasion of his or her privacy.

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SEPTEMBER 2023

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Unpacking New Jersey’s New Lead, Water & Flood Notification Laws and Their Impacts on Community Associations

By Jennifer L. Alexander, Esq., Griffin Alexander, P.C.

“The effect of these laws...may be minimal, but understanding the effect is crucial to effective community management."

N ew Jersey has recently enacted several key laws regarding, among other things, lead, water, and flood notifications. The effect of these laws on condominiums and community associations may be minimal, but understanding the effect is crucial to effective community management. Notification of Lead in Drinking Water Recently passed by the Legislature, N.J. S. 968/A. 2863 (2021) amended N.J.S.A. §§ 58:12A12.4 to 12.6. Water companies are now obligated under the law to notify their customers when lead levels in their systems exceed 15 parts per billion—be it across their entire system or confined to a specific area. When a landlord, including one in a community association, receives such a notifica tion or health and safety information related to the presence of lead in drinking water, they are mandated by N.J.S.A. § 58:12A12.6 to act promptly. As soon as practicable (but no more than three busi ness days after receiving the notification), landlords must distribute the information provided by the water company to every tenant whose apartment is served by the public water system and who is in a lease agreement with

the landlord. The mode of communication can be any medium, including email, that guarantees the receipt of information. Further, the landlord must post the notification prominently at the entrance of each rental premise owned by the landlord and served by the public water system. The only exception to this rule involves single-family dwell ings without common areas. This law only applies if the landlord is the direct customer of the public water system. If the tenant is the direct custom er billed directly by the public water system, then the land lord will not have to provide such notification. This scenario is likely rare in condominiums and community associations, but it serves as a precedent for defining the boundaries of a landlord’s responsibilities. This law will affect community associations if a unit owner rents his unit to a tenant. In that case, the unit owner, as the landlord, would be bound by this law. In cases where a Board has foreclosed upon, or otherwise taken control of, a unit, the Board has also become a landlord. The asso ciation could be responsible for noncompliance with the new law in such a case. While N.J.S.A. § 58:12A12.6 only applies to landlords, community associations should be wary if any unit owners share water meters (e.g., in CONTINUES ON PAGE 22

DKosig/iStock/Getty Images Plus

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Please help CAI-NJ F.A.S.T. by supplying the basic tools for the hard working teachers this school year! Donations will benefit a local school district. Items will be collected at the CAI-NJ Beach Party on Thursday, September 14 th or you can drop them off at the CAI-NJ office by the date of the event!

Please visit https://tinyurl.com/FASTTeacherSupply to shop our F.A.S.T. Teacher Wishlist on Amazon! Avoid lugging the items to the event. Mail supplies directly to the CAI-NJ office at 500 Harding Road, Freehold, NJ 07728! We also accept credit card/check donations. Contact Robin@cainj.org for any questions.

Thank you in advance for your support!!

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LEAD, WATER & FLOOD... from page 20.

Under the recent changes to the law, water companies must replace not only their portion of the lead service lines but also those parts owned by the property owners. When a water company identifies a lead service line, it must send a comprehensive notification to its customers. Pursuant to N.J.S.A. § 58:12A43, owners and oper ators must adhere to certain steps upon receipt of such notice. After receipt of such a notification, owners and operators must: (1) provide a hard copy of the notice to each existing resi dent of the building. (2) post a copy of the notice in a conspicuous location in a common area of the dwelling. This notice must remain posted until all the lead service lines have been replaced and confirmed to be non-lead service lines. (3) prior to residency, inform each new resident about the existence of the lead service line and provide a hard copy of the received notice upon the commencement of their residence. From a legal perspective, these changes necessitate a

certain condominium associations, for example). While, in such a case, the association is not acting as a landlord, it should still notify the affected unit owners if it receives an

applicable notification from the water company. Notification of Lead in Service Lines

The Legislature recently passed N.J. S. 3398/A. 5343 (2021); this bill amended N.J.S.A. §§ 58:12A40 to 47. This law compels water companies to inventory and replace all lead service lines within ten years (or fifteen years under certain circumstances). Condominiums and community associations operating in New Jersey must understand the potential ramifications of these amendments. This law, in particular, applies not just to landlords but to “the owner or operator of an apartment building, group home, or other multi-family or multi-unit dwelling.” In the context of the larger Safe Drinking Water Act, these terms may encompass condominiums.

CONTINUES ON PAGE 24

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SEPTEMBER 2023

LEAD, WATER & FLOOD... from page 22.

comprehensive reevaluation of how community associations manage their communication protocols with residents. Failure to adhere to these new notifica tion requirements may expose these associations to legal risks, including potential lawsuits from residents or reg ulatory fines from the state authorities. Moreover, owners and operators are effectively placed in the posi tion of an intermediary between the water company and the residents. Therefore, associations may also need to liaise with water companies to ensure the timely replacement of lead service lines and track the prog ress of these initiatives to update their notices accordingly. This fact is espe cially true if certain water lines fall within common elements owned by the association. Significantly, the law obligates water companies to replace even the portion of the service lines owned by property owners.This requirement effectively removes the financial burden of lead service line replacement from property owners and associations, a significant shift from the traditional responsibilities held by these entities. Lead Safe Certification In addition to the above, Legis lature also recently passed N.J. S.1147/A. 1372 (2021), which updated N.J.S.A. § 52:27D437.5; §§ 52:27D437.16 to 437.20; § 26:2137.6; and § 55:13A12.2. Of these changes, N.J.S.A. § 52:27D 437.16, in particular, introduces the concept of a “Lead Safe Certification,”

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